Search Our Site

Login

Become a Member

MAP membership and certain MAP materials are restricted to the staff and board members of LGBT movement organizations and/or major funders of the movement for LGBT equality. Click below to become a member of MAP.

Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

Thanks for signing up!

We appreciate you signing up for the MAP newsletter. You will receive an automatic email confirmation shortly.

Other Parental Recognition Laws

These laws apply when women in a same-sex relationship have a child through donor insemination, granting legal parenting rights to the non-biological mother as well as the birth mother (just as the husband of a woman using donor insemination would be a legal parent of the child though he is not the biological father).

State has laws that create legal ties to both parents for children born to same-sex parents in a legally recognized relationship (marriage or comprehensive relationship recognition)(49 states + D.C.)

State has laws that create legal ties to both parents for children born to same-sex parents irrespective of parents' marital status or legal recognition of their relationship (2 states + D.C.)

State lacks clear mechanisms that create legal ties to both parents for children born to same-sex couples via donor insemination (1 state)

In these states, a child born to a same-sex couple using donor insemination is either deemed or presumed to be the child
of both parents. Most states require the couple be married before both parents are recognized, though some states give rights to unmarried couples as long as the couple both intend to parent the child. The state of Indiana is currently challenging a federal judge’s ruling requiring the state to recognize both parents. While the issue is litigated, same-sex couples continue to be recognized. For more information, contact Human Rights Campaign or Family Equality Council.

Percent of LGBT Population Covered by Laws

95%

95 % of LGBT population lives in states with laws that create legal ties for children born to same-sex parents in a legally recognized relationship

4%

4 % of LGBT population lives in states with laws that create legal ties irrespective of parents' marital status or legal recognition of their relationship

1%

1 % of LGBT population lives in states lacking clear mechanisms that create legal ties to both parents

De facto parenting laws apply when someone is raising a child but is not a legal parent of that child. De Facto parenting laws provide these parents with some limited legal rights to the child, for example, possibly granting visitation, custody or even full parenting rights should the parent’s relationship dissolve.

State recognizes de facto parents and may grant them visitation, custody or full parenting rights(6 states)

State allows limited recognition of de facto parents as a basis for visitation and/or custody (24 states + D.C.)

State recognition of de facto parents is uncertain or state may require parent to provide specific evidence (14 states)

A "de facto parent" is someone other than a legal parent who, for reasons other than financial compensation, formed a child-parent relationship in which he or she
shared (usually at least equally) in primary childcare responsibilities. This can be any person who acts as a parent in a child’s life and meets certain criteria,
including same-sex parents, grandparents, stepparents, aunts, uncles or other loved ones. Analysis by the Movement Advancement Project.

Percent of LGBT Population Covered by Laws

7%

7 % of LGBT population lives in states recognizing de facto parents and may grant them visitation, custody or full parenting rights

57%

57 % of LGBT population lives in states allowing limited recognition of de facto parents as a basis for visitation and/or custody

25%

25 % of LGBT population lives in states where recognition of de facto parents is uncertain or may require parent to provide specific evidence

10%

10 % of LGBT population lives in states that do not recognize de facto parents

A Brief Overview of MAP

Founded in 2006, the Movement Advancement Project is an independent think tank that provides rigorous research, insight and analysis that help speed equality for lesbian, gay, bisexual and transgender (LGBT) people.

MAP’s work helps educate and persuade public audiences (such as policymakers, allied organizations and funders, media and the American public) and helps support LGBT movement audiences (including LGBT organizations and advocates, and LGBT funders). You can read more about MAP and the work we do on our About page.